AKWA SAVINGS AND LOANS LTD. V. IME WILSON UDOUMANA & 2 ORS.

M. A. OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of I.N.B. Isua, J. delivered on 17th day of March 2005 at the Akwa Ibom State High Court sitting at Uyo.

The 1st Respondent (Ime Wilson Udoumana) as the Applicant before the High Court filed an action on 10/7/2003 under the Fundamental Rights (Enforcement Procedure Rules) 1979 against the Appellant and the two other Respondents as Defendants to the action.

On 14th July, D.E. Okon, J. of the Akwa Ibom State High Court granted leave to the Applicant to apply to enforce his Fundamental Rights and the case was adjourned to 23/7/2003 for hearing of Motion. The reliefs sought by the 1st Respondent/Applicant from the Statement of facts attached to his motion on Notice are as follows:

(a) A Declaration that the use of the 2nd and 3rd Respondents by the 1st Respondent to harass, intimidate, arrest and detain the Applicant in order to recover an alleged loan that was not granted to the Applicant is u…